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Creditor sent me papers that look like court documents


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#1 ShakingMyHead

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Posted 22 February 2013 - 02:07 PM

I was sent a letter a month ago stating there is a possible lawsuit being filed against me in the future for a credit card debt. They sent papers that resemble official court documents along with this letter. Is that legal? I am in Michigan.

#2 Guest_FindLaw_Amir_*

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Posted 22 February 2013 - 03:05 PM

Have you contacted the creditor to inquire about this possible lawsuit?

#3 adjusterjack

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Posted 22 February 2013 - 03:48 PM

I was sent a letter a month ago stating there is a possible lawsuit being filed against me in the future for a credit card debt. They sent papers that resemble official court documents along with this letter. Is that legal? I am in Michigan.


If this was a collection agency then, depending on the exact nature of the papers, it might be prohibited under federal and Michigan statutes. If it was the original creditor it might only be prohibited under Michigan statutes.

Here's the Michigan statutes. Look under "regulated persons" then look under "prohibited acts." Then look at the rest of the statute for your remedies under state law.

http://law.justia.co...45/act70of1981/

And here's the FDCPA:

http://www.ftc.gov/o...pa/fdcpact.shtm

It seems to me that a defense to an allegation of wrongdoing is that they really do intend to sue you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 ShakingMyHead

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Posted 22 February 2013 - 05:13 PM

It is *******. Google them. They have a terrible history and also known to send "fake" looking court documents, which is what I received in the mail along with a letter from them. Yes I tried to contact the original creditor again. Mainly because I am being contacted by 2 other sources about this debt, and neither are the original creditor. Also received a letter recently that someone ordered a seize and desist? That I didn't want to be contacted about this debt. I never contacted anyone about such a thing.

Edited by FindLaw_AHK, 04 March 2013 - 08:17 AM.
This post has been edited to remove personal or identifying information. -Moderator


#5 pg1067

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Posted 25 February 2013 - 06:19 AM

There's nothing inherently illegal about what you described.




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